DONALDSON v. NEW YORK CITY HOUSING AUTHORITY

6618N, 260403/10

91 A.D.3d 550 (2012)

937 N.Y.S.2d 195

2012 NY Slip Op 420

CRYSTAL DONALDSON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2012.


Leave to amend the notice of claim pursuant to General Municipal Law § 50-e (6) was improperly granted since the statute only "authorizes the correction of good faith, nonprejudicial, technical defects or omissions, not substantive changes in the theory of liability" (Scott v City of New York, 40 A.D.3d 408, 410 [2007]). Plaintiff's proposed amendment impermissibly sought to change the theory of liability from a slip and fall...

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